Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 03:23 PM INDEX NO. 58494/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
------------------------------------------------------------
ERNEST RODRIGUEZ, Index No: 58494/2024
Plaintiff, Summons
-against-
Plaintiff’s Address:
27 Ludlow Street
Apartment 2C
YONKERS, NY 10705
GENESIS PINEDA and EDUARDO PINEDA,
The basis of the venue designated is:
Defendants. Plaintiff’s Address
------------------------------------------------------------
To the above-named Defendants:
YOU ARE HEREBY SUMMONED and required to submit to Plaintiff’s attorney your
answering papers on this motion within the time provided in the notice of motion annexed
hereto. In case of your failure to submit answering papers, summary judgment will be taken
against you by default for the relief demanded in the notice of motion.
The basis of the venue designated is Westchester, New York, as it is the county of
Plaintiff’s principal place of residence.
Dated: Cedarhurst, New York
March 7, 2024 Joseph Obermeister, Attorney-At-Law
Attorney for Plaintiff
Defendants’ Address
Genesis Pineda _________________________________
156 South Broadway By: Joseph Obermeister, Esq.
Yonkers, NY 10701 555 Willow Avenue
Cedarhurst, New York 11516
Eduardo Pineda T: 516-730-7401 | F: 516-224-9364
156 South Broadway
Yonkers, NY 10701
1 of 2
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 03:23 PM INDEX NO. 58494/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
----------------------------------------------------------------X
ERNEST RODRIGUEZ, Index No. 58494/2024
Plaintiff,
-against- NOTICE OF MOTION
FOR SUMMARY JUDGMENT IN
LIEU OF COMPLAINT
GENESIS PINEDA AND EDUARDO PINEDA,
Defendants.
----------------------------------------------------------------X
Upon the summons, dated March 7, 2024, exhibits annexed hereto, the affirmation of
Ernest Rodriguez dated March 7, 2024, the affirmation of Joseph Obermeister, dated March 7,
2024, attorney for the plaintiff herein, will move this Court, at an IAS Part, at the Courthouse
located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York 10601 in the County of
Westchester, on May 6, 2024 at 9:30 a.m. in the forenoon, or a soon as counsel may be heard, for
an order:
A) Directing the entry of judgment for the plaintiff and against the defendants
jointly and severally in the amount of $65,000.00, with interest from July
1, 2023 and for such other and further relief as to the court may seem just
and proper, plus costs, upon the ground that this action is based upon a
promissory note, whereby Defendants agree that they owe an absolute and
actual debt of $125,000.00 and failed to pay the remaining balance of
$65,000.00.
Take further notice that all answering papers shall be served on the undersigned on or
before the 10th day after personal delivery of the summons to you; on or before the 20th day
after substitute service pursuant to CPLR 308(2) of the Summons is effectuated; or on or before
the 30th day after service under CPLR 308(4) is complete.
Dated: Cedarhurst, New York
March 7, 2024
Joseph Obermeister, Attorney-At-Law
Attorney for Plaintiff
TO: _________________________________
Genesis Pineda Joseph Obermeister
156 South Broadway By: Joseph Obermeister, Esq.
Yonkers, NY 10701
555 Willow Avenue
Eduardo Pineda Cedarhurst, New York 11516
156 South Broadway T: 516-730-7401 | F: 516-224-9364
Yonkers, NY 10701
2 of 2
Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 03:23 PM INDEX NO. 58494/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ------------------------------------------------------------ ERNEST RODRIGUEZ, Index No: 58494/2024 Plaintiff, Summons -against- Plaintiff’s Address: 27 Ludlow Street Apartment 2C YONKERS, NY 10705 GENESIS PINEDA and EDUARDO PINEDA, The basis of the venue designated is: Defendants. Plaintiff’s Address ------------------------------------------------------------ To the above-named Defendants: YOU ARE HEREBY SUMMONED and required to submit to Plaintiff’s attorney your answering papers on this motion within the time provided in the notice of motion annexed hereto. In case of your failure to submit answering papers, summary judgment will be taken against you by default for the relief demanded in the notice of motion. The basis of the venue designated is Westchester, New York, as it is the county of Plaintiff’s principal place of residence. Dated: Cedarhurst, New York March 7, 2024 Joseph Obermeister, Attorney-At-Law Attorney for Plaintiff Defendants’ Address Genesis Pineda _________________________________ 156 South Broadway By: Joseph Obermeister, Esq. Yonkers, NY 10701 555 Willow Avenue Cedarhurst, New York 11516 Eduardo Pineda T: 516-730-7401 | F: 516-224-9364 156 South Broadway Yonkers, NY 10701 1 of 2 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 03:23 PM INDEX NO. 58494/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------------------X ERNEST RODRIGUEZ, Index No. 58494/2024 Plaintiff, -against- NOTICE OF MOTION FOR SUMMARY JUDGMENT IN LIEU OF COMPLAINT GENESIS PINEDA AND EDUARDO PINEDA, Defendants. ----------------------------------------------------------------X Upon the summons, dated March 7, 2024, exhibits annexed hereto, the affirmation of Ernest Rodriguez dated March 7, 2024, the affirmation of Joseph Obermeister, dated March 7, 2024, attorney for the plaintiff herein, will move this Court, at an IAS Part, at the Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York 10601 in the County of Westchester, on May 6, 2024 at 9:30 a.m. in the forenoon, or a soon as counsel may be heard, for an order: A) Directing the entry of judgment for the plaintiff and against the defendants jointly and severally in the amount of $65,000.00, with interest from July 1, 2023 and for such other and further relief as to the court may seem just and proper, plus costs, upon the ground that this action is based upon a promissory note, whereby Defendants agree that they owe an absolute and actual debt of $125,000.00 and failed to pay the remaining balance of $65,000.00. Take further notice that all answering papers shall be served on the undersigned on or before the 10th day after personal delivery of the summons to you; on or before the 20th day after substitute service pursuant to CPLR 308(2) of the Summons is effectuated; or on or before the 30th day after service under CPLR 308(4) is complete. Dated: Cedarhurst, New York March 7, 2024 Joseph Obermeister, Attorney-At-Law Attorney for Plaintiff TO: _________________________________ Genesis Pineda Joseph Obermeister 156 South Broadway By: Joseph Obermeister, Esq. Yonkers, NY 10701 555 Willow Avenue Eduardo Pineda Cedarhurst, New York 11516 156 South Broadway T: 516-730-7401 | F: 516-224-9364 Yonkers, NY 10701 2 of 2